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SALGADO-DIAZ v. ASHCROFT

Nos. 02-74187, 03-73312.

395 F.3d 1158 (2005)

Ernesto SALGADO-DIAZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent. Ernesto Salgado-Diaz, Petitioner, v. John Ashcroft, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2005.

Attorney(s) appearing for the Case

Karen Levine, Levine Law Offices, San Diego, CA, for the petitioner.

M. Jocelyn Lopez Wright, Assistant Director, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: TASHIMA, FISHER and TALLMAN, Circuit Judges.

FISHER, Circuit Judge.

Ernesto Salgado-Diaz comes before us for the second time, petitioning for review of a decision of the Board of Immigration Appeals ("BIA") summarily affirming the decision of an Immigration Judge ("IJ") finding him removable. Salgado-Diaz alleges that his due process rights have been violated because he has been repeatedly denied an evidentiary hearing on his allegations that U.S. border patrol agents unlawfully arrested him on the streets of...

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